Wife Will Run Short Of 2 Year Qualifying Period For Ilr

[yorkieb]

Dear Forum

This may sound a little premature but I am after opinion and advise on an issue that my wife will have in 2010.

My wife has a 2 year spouse visa 25 March 2008 - 25 March 2010. Due to personal family reasons she has stayed in Thailand and will arrive 2 May 2008. She will be 35 days short of the 2 year qualifiying period for ILR. I know we have the option to extend the visa from the UK in 2010. However I know another member did this, applied for 2year and got stung £400 and was given 1 month.

Question 1 - Is applying for an extension for extra time to cover the 35 days automatic or can they insist that another application must be made in BKK.

I have read that some members have requested extra time to pass the Life in UK test.

Question 2 - Am I correct in thinking that the HO have to grant an extension of time on this basis. In addition is it the norm to give another 2 year extionsion to pass the test. Therefore one would actually get 2 years for your £400.

Question 3 - Should she flunks the test and apply for extra time or extend to meet the qualifying period and get stung £400 for 35 days.

Thanks for any opinion and advice

Yorkie

[the scouser]

There are two issues here:-

1. Where someone has done their probationary 2 years but cannot qualify for indefinite leave because they have not met the language/citizenship requirement, the UKBA will grant a two-year extension. Once the person has passed either the ESOL with citizenship course or the Life in the UK test, they can apply for ILR at any time during the currency of the 2-year extension.

2. Where an individual cannot qualify for ILR because they originally entered the UK more than 28 days after their visa's validity, the UKBA will insist that they apply for a bridging extension at a cost of £395.00 and then, shortly thereafter, make a second application for either a 2-year extension or ILR, if the requirements are met.

Scouse.

[yorkieb]

Thanks for putting me straight Scouse. The delay in entering the UK is regretable but was unavoidable. Guess we will just have to bend over and take it.

Yorkie

[yorkieb]

There are two issues here:-

1. Where someone has done their probationary 2 years but cannot qualify for indefinite leave because they have not met the language/citizenship requirement, the UKBA will grant a two-year extension. Once the person has passed either the ESOL with citizenship course or the Life in the UK test, they can apply for ILR at any time during the currency of the 2-year extension.

2. Where an individual cannot qualify for ILR because they originally entered the UK more than 28 days after their visa's validity, the UKBA will insist that they apply for a bridging extension at a cost of £395.00 and then, shortly thereafter, make a second application for either a 2-year extension or ILR, if the requirements are met.

Scouse.

Hmmmm been thinking about my options this afternoon. As I always wanted to be in Thailand for Songkran to would make sense to go back in 2010 for a long holiday and get another spouse visa. It would give us 2 years value from the aplication fees and a great excuse for a holiday. plus dont need afford the ILR until 2012. By that time I could have made my fortune and piss*d off on my yacht.